Simcap v Scabby National

[simcap]

Just joining in with the rest of you.

 

I sent my PDA on 8th June 2006 and got 20 seperate envolopes with 20 months worth of invoices. I thought I had got lucky, but I was wronge. I then received the Pam Speed (bad name for this demartment) letter and have just sent off second letter (data protection act disclosure letter).

 

Phoned to see how microfiche request was doing and was told that they could not give me a date when to expect them. I wish I could run my business like this. I could take everyones money and tell them they'll get it when i'm ready and dont bother me again or it will take twice as long.

 

I have just filled out the spreadsheet with what I have and am amazed to see that they have charged over £5500.00 mostly due to them taking there charges which put me over my overdraft then charging me for going over my overdraft.

 

Question, can I claim back over overdraft fees?

 

Have just looked at these and have found that for the last 4 months they have cancelled my overdraft without telling me. What is the standing on that?

 

Will keep you informed as things go on and on and on...:?

moderated: please do not post comments that may be seen as libelous ,this is for the protection of the site

Sorry, have changed the wording. Would be interested if a moderator would keep an eye on this tread as I am expecting the amount of charges to be between £10k-£15k when statements come through.

[simcap]

Still Waiting for Abbey to reply. A long wait me thinks.

[simcap]

Bump

[bish]

Going over your overdraft is deemed as a penalty charge so I belive you can claim this back. They should have informed you that they were withdrawing your overdraft facility by letter as they did with me, however it normaly comes in the same type of envelope as the 'we are not paying something' envelope so you may well have thrown it in the same corner as I did and miss it. Conntact them regarding this and make an arrangement to reduce your overdraft facility with a regular monthly agreement, this is negotiable so don't let them dictate, make it something you can afford. Then go through all your charges and claim them back, this can be very time consuming if you don't have all your statements for the last six years as the bank will not be very helpful in giving them to you, but keep going as it is worth itin the end.

 

Regards bish.

[simcap]

Thanks for your words of help bish,

 

Here's a bit more or the story so far.

 

Spoke to nice lady at Abbey today. Told her that I have not worked for the last three months due to a snapped achillies tendon and being in plaster for three months. I am selfimployed and damaged my leg playing rugby. My work insurance did not cover this so I have been unable to work and therefore not earn any money. She said my overdraft is linked to monies entering my account and as there has been none then my overdraft was cancelled. She the agreed to cancel £230.00 of charged and would only charge me £270.00 for the outstanding charges that she could not cancel! Surley if they can cancel some why cant they cancel them all?

 

I did speek to someone at Abbey when I hurt myself and they where going to call me back to discuss things. They did not. Hence £1350.00 worth of charges in the last three months. They also can not take off charges that have already been charged, so I was told.

 

AND I AN STILL WAITING FOR MY STATEMENTS............:?

[JonCris]

Thanks for your words of help bish,

 

Here's a bit more or the story so far.

 

Spoke to nice lady at Abbey today. Told her that I have not worked for the last three months due to a snapped achillies tendon and being in plaster for three months. I am selfimployed and damaged my leg playing rugby. My work insurance did not cover this so I have been unable to work and therefore not earn any money. She said my overdraft is linked to monies entering my account and as there has been none then my overdraft was cancelled. She the agreed to cancel £230.00 of charged and would only charge me £270.00 for the outstanding charges that she could not cancel! Surley if they can cancel some why cant they cancel them all?

 

I did speek to someone at Abbey when I hurt myself and they where going to call me back to discuss things. They did not. Hence £1350.00 worth of charges in the last three months. They also can not take off charges that have already been charged, so I was told.

 

AND I AN STILL WAITING FOR MY STATEMENTS............:?

 

Rubbish they are not just misleading you they are flatout lying of course they can remove charges, just had it done last week. Some of the staff at Shabbey really don't give a toss & will say the 1st thing that comes into their often empty head. Some take great delight in saying no as it really makes their day

[simcap]

Question.

 

How do you find out if the bank has filed a default notice against you.

 

Also When filing in the claim letter, how do you work out the interest to charge. On my statements there is a bit that tell you how much interest has been charged. Is that the amount I enter?

 

Simcap:?

[philread1]

From having read other threads asking a similar question, when you get a response from your DPA request, by the side of the list of charges it will tell you whether there is a default on your record because of it. When you file your claim, as well as stating how much your claim is for, you should also have a statement ordering the removal of all the defaults, as part of your claim.

 

The interest on your statements is what the bank has charged you for your overdraft, and therefore I think is not a penalty charge. The interest you charge is specific to each charge you are claiming back depending also on how far back it was charged, the link below is a table to help you calculate your interest:

 

http://www.bankactiongroup.helpwithmypc.com/resources/BankCharges.xls

 

Hope all this makes sense!

Phil

[simcap]

The interest on your statements is what the bank has charged you for your overdraft, and therefore I think is not a penalty charge. The interest you charge is specific to each charge you are claiming back depending also on how far back it was charged, the link below is a table to help you calculate your interest:

 

http://www.bankactiongroup.helpwithmypc.com/resources/BankCharges.xls

 

Hope all this makes sense!

Phil

 

Thanks for the message phil. This sheet gives you the 8% interest for court claims but not how to workout the interest charged prier to puting in a claim. The interest charged on the initial letter is what I am after.

Thanks again.

Simcap

[Michael Browne]

Spreadsheet for calculating interest charged on penalty charges is here:

 

http://www.bankactiongroup.co.uk/TEMPLATE.xls

[simcap]

Thank for that Michael, exactly what I was looking for.

 

Simcap.

[simcap]

40 days are up. Will be sending a LBA. Lets play ball!!

[simcap]

Not bad Abbey!!!

 

Sent letter on the 4th July and got a response dated 20th July. Glad my business isn't that slack.

 

Anyway, it's from guess who "Pam Speed". It says:-

 

Dear Mr C.

Thank you for your further letter dates 4th July 2006 regarding your request for a copy of the transactional data held about your bank accout.

 

I confirm that you have been given all the transactional data you are entitled to under the Data Protection Act as you have been provided with all the transactional details that are held on our systems.

 

Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer print ont of this information. As these microfiche records are not held as part of a relevant filing system, they are not covered by the Data Protection Act and will not therefore be supplied to you under section 7 Data Protection Act request. However, I confirm that arragements have been made for the microfiche records to be sent to you in due course.

 

Please be assures I've carried out a full investigation for you and I hope you feel I've offered a fair response to of the issues you've raised. I'll keep your fill open for the next eight weeks and if I don't hear from you within that time, I'll assume that everything is resolved and will close your file.

 

If you remain dissatisfied though, the leaflet you'll find with this letter explains your rights and how to take your complaint further with Abbey. The leaflet also explains your rights and how to take your complaint further with Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

 

Bla Bla Bla

 

Pam Speed.

Business Manager

Banking Servicing

 

Encl.: Customer Satisfaction Leaflet.

 

 

 

Here's the best bit. The customer satisfaction leaflet is headed "How To Complain" We are serious about cusomer satisfaction - please tell us about your concerns.

 

Any advice will be a great help.

 

 

 

Simcap:-?

[simcap]

Thanks Karnivel, it will be in the post Rec'del' first thing tomorrow.

 

Simcap.:o

[simcap]

Hello All,

 

As expected, have NOT had a reply from the Abbey with regards my LBA, so still do not have all accounts.

 

What do I do next?

 

If I need to estimate the amount owed, do I take the years statements I have and just times it by 6 then add 8% per year? And if it is 8% per year is it 6 x 8% for year 6, 5 x 8% for year 5 etc?

 

Help please.

 

Thank you.

 

Simcap:idea:

[JonCris]

Hello All,

 

As expected, have NOT had a reply from the Abbey with regards my LBA, so still do not have all accounts.

 

What do I do next?

 

If I need to estimate the amount owed, do I take the years statements I have and just times it by 6 then add 8% per year? And if it is 8% per year is it 6 x 8% for year 6, 5 x 8% for year 5 etc?

 

Help please.

 

Thank you.

 

Simcap:idea:

 

My advice would be go after the charges you NOW have statements for & can prove where levied. Then when thats sorted start again & go after the rest & when they don't play ball seek an order of the court to make them.

[JonCris]

Hiya,

 

Joncris - If the Information Commissioners Office are saying they agree with Abbey and their microfiche is not a relevant filing system how do we get the information ?

 

simcap - for estimating your claim and working out the interest you need to fill in the spreadsheets. So if your known amounts for 1 year is £500, then enter £500 in each year - JULY 2000-JULY 2001 etc and put the interest date at DECEMBER 15th then it evens out the charges throughout the year.

for the known amounts you have to enter each one individually with the right date as on your statements.

 

karnevil

 

Is the ICO agreeing with Abbey & isn't the michrofiche argument covered elsewhere on this site?

[JonCris]

Yes I know but I think the ICO is going to find himself in the doo doo if he tries to support such an argument. The EU is going to make him look very foolish when it forces him to decide it IS a relevant system.

 

Also unless i'm wrong it appears to have been forgotten but the Durant ruling was NOT based on a microfiche system.Their Lordships referred to different files of papers which could not be linked. My reading is that any system that has an index which enables the individual to be ID is relevent

 

That being said the ruling is considered bad law & anyone who relies on it is going to find the SAR's coming back to haunt them in the not to distant future.

 

As for the ICO he's a joke. We need an enquiry about the ICO.

 

I think we are big enough to make a "Super Complaint" against the money launderes sorry I mean lenders which could also cover the ICO's failure to protect the consumer

[simcap]

Have just filled in spread sheet with details. Wow that hurts to read. Didn't expect it to be THAT much. I have a complete batch of statements for 2005 and ouch , they say I was charged £2944.00 + interest. So do I now work out 6 x £2944.00 + 8% int per year? That works out at £17664.00 + £4236.40 int. Making a total of £21,900.40 (oh my God). Where do I go from here????:idea:

[simcap]

Karnevil, thanks for your pm, it's not a problem. Any read on this site is a good read and just adds to the information floating around in my so called brain.

 

Simcap

[simcap]

I am sure that if I get the statements the amount will be less than this. So if I do put a claim in and Abbey don't give me the statements then they are shooting themselves in the foot.

 

I have sent a PDA and an LBA, how do I get the courts to get Abbey to send me the statements? Should I also send a complaint the the commisioner's or is that a waste of time as they don't seem to do anything?

 

Simcap

[Lula]

Have just filled in spread sheet with details. Wow that hurts to read. Didn't expect it to be THAT much. I have a complete batch of statements for 2005 and ouch , they say I was charged £2944.00 + interest. So do I now work out 6 x £2944.00 + 8% int per year? That works out at £17664.00 + £4236.40 int. Making a total of £21,900.40 (oh my God). Where do I go from here????:idea:

 

OMFG!!!!!!!! you can buy your own rugby club with that Good luck, this is another one that will be interesting, you need to talk to Seminole

[simcap]

Thank you for your responce.

 

I have read the Data Protection Act Non-Compliance - Particulars of claim and am still not 100% sure what to do. This is the first time I have done anything like this. I also am not a very good letter writer.

 

Is the above form to be copied and altered to fit my needs then sent to the courts? If so do I need to fill in any court forms? And roughly how much will the cost be?

 

Sorry for all the questions.

 

I am sure there will be lots more. SORRY.:-|

 

Simcap.

[Tigs33]

WOW £21K!!!!! that is a LOT of money!!! Good luck and I will give you any help if I can, we just did our Moneyclaim for our Abbey account this week

[Tigs33]

Don't be sorry!!

 

I think you need this thread

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

and I believe you will need letter template 2

 

wording as follows:-

 

 

TEMPLATE 2 - Send if the 40 days has expired.

 

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.